Chocóano and in nearby areas there had also been situations of collusion between Army and
paramilitaries (supra para. 248 and ff.); (b) the testimony of several former members of the
Armed Forces indicates that Rito Alejo del Río Rojas, Commander of the 17th Brigade, allegedly
had connections to paramilitary groups (supra para. 245); (c) the confessions of several
demobilized paramilitaries that were investigated and verified by the Prosecutor General’s
Office, and also subjected to judicial assessment by the Eighth Criminal Court of the Bogota
Special Circuit, indicate that these connections existed in the context of Operation Genesis
(supra para. 245); (d) there is no record that the Prosecutor General’s Office has been able to
confirm the testimony of the paramilitaries indicating the contrary; rather this Office appears to
have rejected them (supra para. 266); (e) various statements of inhabitants of the region
indicate that they had seen members of the Self-Defense Forces patrolling together with
members of the Army, on the banks of the Salaquí River, on the days on which Operation
Genesis was being implemented (supra para. 275); (f) the “dossier” on the Elmer Cárdenas Bloc
prepared by the Prosecutor General’s Office, and other documents from this entity, indicate
clearly that collaboration existed between that paramilitary group and the Colombian Armed
Forces on the occasion of Operation Genesis (supra para. 76), and (g) a series of indications,
logical inferences and circumstantial evidence can help establish the facts in this case (supra
paras. 271 to 278).
280. Based on all the above, the Court concludes that, during the operations in the Cacarica
River valley, acts of collaboration between members of the Armed Forces who executed
Operation Genesis and the paramilitary units that were implementing “Operation Cacarica”
occurred. Similarly, applying the rules of logic and sound judicial discretion, a hypothesis in
which the paramilitaries would have been able to carry out “Operation Cacarica” without the
collaboration, or at least the acquiescence of State agents, is unsustainable, or that this could
have occurred without confrontations with units of the Armed Forces in the places in which both
armed groups were present and where they must have coincided (supra para. 277).
B.2.3. Alleged violation of the right to life and integrity of Marino López
Mena
281. Based on the above, the Court concludes that the cruel, inhuman and degrading acts to
which Marino López Mena was subjected in the village of Bijao, as well as the deprivation of his
life, committed by members of paramilitary groups, can be attributed to the State owing to the
acquiescence or collaboration that agents of the Armed Forces provided to the operations of
those groups, which facilitated their incursions into the communities of the Cacarica and
encouraged and permitted the perpetration of this type of act. Consequently, the State is
responsible for having failed to comply with its obligation to prevent violations and to protect
the rights to life and to personal integrity of Marino López recognized in Articles 4(1), 5(1) and
5(2) of the Convention, as well as to investigate the facts effectively, in relation to the general
obligation of guarantee recognized in Article 1(1) of this instrument.
282. Regarding the arguments of the representatives concerning the presumed violation of
Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, the Court
will not rule in this regard because it finds that the facts have been analyzed sufficiently and the
violations conceptualized under the rights to life and to personal integrity of Marino López, in
the terms of Articles 4(1), 5(1) and 5(2) of the American Convention, in relation to Article 1(1)
of this instrument.
B.2.4. Alleged violation of the right of the Afro-descendant communities of
the Cacarica not to be forcibly displaced
283. Regarding the forced displacement of the Cacarica communities, the Court notes that
two distinct, but interrelated, legal issues have been raised that must be decided separately.
The first refers to the State’s alleged responsibility for the displacement of the inhabitants of
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